[DOWNLOAD] "State Ex Rel Wingo v. Hepp" by State of Wisconsin in Court of Appeals District I ~ Book PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel Wingo v. Hepp
• Author : State of Wisconsin in Court of Appeals District I
• Release Date : January 31, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

1 Andre Wingo appeals from the circuit courts denial of his petition for a writ of habeas corpus, in which Wingo argued that his trial counsel had been ineffective for failing "to object to and preserve for appellate review [Wingos] rights to be free of Double Jeopardy." More specifically, Wingo argued that trial counsel should have objected to the charges against him because they were multiplicitous. The circuit court concluded that Wingos petition was barred because he was not entitled to pursue habeas corpus relief. It also concluded that the petition was barred because Wingo had filed the same or similar claims in prior post-conviction filings, and they had been denied. Although we agree with the circuit courts decision to deny and dismiss Wingos petition for the reasons it set forth, we also conclude that the petition was barred by State v. Escalona-Naranjo, 185 Wis. 2d 168, 184-85, 517 N.W.2d 157 (1994) (defendant barred from raising in WIS. STAT.974.06 motion claims that could have been raised in prior post-conviction and appellate proceedings); cf. State ex rel. Schmidt v. Cooke, 180 Wis. 2d 187, 189-90, 509 N.W.2d 96 (Ct. App. 1993) (defendant may file only one habeas corpus petition alleging ineffective assistance of counsel unless defendant can provide adequate explanation why all issues relating to counsels representation were not raised in the first petition). We therefore affirm the circuit courts order, although for different reasons than those articulated by the circuit court.

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